How can we prevent him from going to jail over past child support?

Question

My fiancée was arrested about a month ago for back child support. He does owe it but we just can’t afford to pay it. They let him out on a 50 thousand dollar personal bond and he can’t leave the state. We have to come up with 2 thousand dollars before next month or they are prosecuting him with a felony non support which can be up to 4 years in state prison. We have gone and tried to get to the child support lowered but the only thing they have sent us is a letter stating they are looking into it. His last two pay checks which are bi-weekly were only for a little more than 100 dollars after child support and taxes. Yet the Attorney General is holding against him that he doesn’t pay his full amount of support when he pays, they garnish the max they can get out of his checks already. We don’t really know what to do anymore. We have one month to come up with this money or he could go to prison for 4 years cause we can’t afford to pay this support. Is there anything we can do to prevent this? We have already sold everything that we can including having yard sales and so forth.

Its not that he never paid his child support or what not. Two years ago he was in an accident which left him unable to work till this year. And it actually took him over 3 months to find a job due to no one hiring. During that time he did let the courts know and showed proof of the accident. One of he kids that he owes for lived with us and is now over 18. We havent gone out and spent money on anything since the accident infact we have sold much of what we own due to it. This isnt the case of a dead beat dad who tries to hide from his responsibility.

Oh yeah one more thing is that he is ordered to pay 1,276 dollars a month (not including the back)

Answer 1

Look up your states child support enforcement laws and compute the child support using the guidelines and forms found there. If it appears that the support should be reduced obtain forms from the clerk of court's office and file for a modification of the support order. If your state has a legal aide office, talk to them. If he is facing a prison term, ask the Court if he is entitled to a court appointed attorney and if so, use one. Come up with as much money as you can before the hearing. Good luck.

Answer 2

Doesn't matter if you can afford to pay or not. The money is owed for his child and has to be paid. I'm glad to see that some places are finally doing something about fathers who don't support their children.While prison isn't the answer,because the child will receive nothing while he is there,men have to be made to live up to their obligations.
Just remember,what he does to one woman and his child/children,he will do again,maybe to you.I learned this the hard way with my ex.It isn't easy to raise a child alone with inconsistent help from the other parent.Mine was asked to pay $20.00 a week,and he wouldn't even pay that.But,I should have known because he was a deadbeat that didn't pay for his other children.
Looks like they are serious about prosecuting him,so you need to find a way to come up with the money some how.
Having his child support lowered isn't going to change the amount of arrears owed.
I'm sorry,but I have no sympathy.It is his obligation to support his child.If that means getting three jobs,then that is what he has to do.

Answer 3

I truly hope you are not looking for sympathy for a man who doesn't pay his child support?

He has a commitment to that child for 18 years. If his job doesn't meet his obligations - then he needs to get a second job. Sorry to sound cold, but that child didn't ask to have a deadbeat for a father. If he wants to avoid prison her needs to get off his butt and pay up the money he owes. It's that simple.
Children don't force themselves to be born and every time a man lays down with a woman there is a chance he could become a father - an 18 year commitment for a 45 second orgasm. You play, you pay.

Answer 4

There's not much you can do. He had a child and he isn't paying what he should, he's probably going to jail. How exactly does the state expect him to pay his child support if he's in jail? Have you tried asking that question? I don't think it will help but I'm curious. Jail time doesn't seem to be the answer to this problem, considering rapists and muggers and the like are going free because there's not enough room in jail.

Answer 5

It took a long time for it to get $2,000 in arrears; his choice is to find a way to come up with the money or go to jail. Find a relative or friend that will pay the amount and both of you get second jobs to pay it back.

The Courts don't care if there is only $100 left to live; he made the choice to have the children and he is legally responsible for them; the Courts would have just told him to just get a second job, which he should have heeded.

Answer 6

Heres a better question. Why are you engaged to a loser who doesn't properly take care of his obligations before getting into new ones? I am assuming since you are engaged, he took you out several times, and that costs. Why didn't he use THAT money properly, to support his children. You are signing yourself up for a life of financial insecurity and heartache with this guy. Get out while you still can and let the loser get what he deserves for being so irresponsible.

Answer 7

Make him go to college, he can live off of loans, get a part time job, that will secure his kids' future. The court would like that too, if he was furthering his education. I feel sorry for the kid and the kid's mom, they are the real one's suffering, not you and your fiancee.

Answer 8

There are one of two options....he pays up, or he gives up all rights to the child. That of course would negate him from getting any guaranteed visitation. He would essentially be a non parent.

Answer 9

pay all of the past child support